Madras High Court
The Principal Secretary To ... vs D.T.Boopathy on 23 January, 2023
W.A.No.783 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2023
Coram
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
Writ Appeal No.783 of 2020
and
C.M.P.No.10289 of 2020
1.The Principal Secretary to Government,
Commercial Taxes and Registration Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Inspector General of Registration,
Chennai – 600 028. : Appellants/Respondents
Vs.
D.T.Boopathy : Respondent/Petitioner
Writ Appeal filed u/s.15 of Letter Patent against the order passed by this
Court in W.P.No.11293 of 2014, dated 28.01.2019.
1/6
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W.A.No.783 of 2020
For Appellants : Mr.S.Silambanan
Additional Advocate General
Assisted by
Mr.L.S.M.Hasan Fizal,
Additional Government Pleader and
Mr.M.Babu Barveez,
Government Advocate.
For Respondent : Mr.S.Gokul
for Mr.N.Damodaran
*****
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN.J,)
The Government is on appeal aggrieved by the order in W.P.No.11293 of
2014 wherein the Writ Court set aside the punishment of stoppage of increment
without cumulative effect for a period of three years imposed on the respondent
herein for certain delinquencies. The charge against the respondent was that, by
registering certain documents, he had caused loss to the exchequer. The
disciplinary authority as well as the appellate authority concluded that the
respondent has not acted with any malice. He had in fact sought for a
clarification from the District Registrar regarding registration of the document
and since the clarifications were not forthcoming, he was forced to register the
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W.A.No.783 of 2020
documents in a confused state of mind. However, the authorities chose to
impose the punishment as aforesaid on the respondent. The Writ Court rightly
found that the punishment is unwarranted, more so, when the disciplinary
authority and the appellate authority have rendered a finding to the effect that
there was no mala fide intention on the part of the respondent to cause loss to
the exchequer. It is also seen from the records that recovery action has been
initiated against the company which had presented the document for registration
for recovering the loss and those proceedings have also been upheld by this
Court. Hence, there is no actual monetary loss to the Government because of
the registration of the document by the respondent.
2.Mr.S.Silambanan, learned Additional Advocate General would
vehemently contend that the punishment has been imposed as a corrective
measure and the conduct of the respondent has been taken into account to
impose a mild punishment.
3.We are unable to accept the contention of the learned Additional
Advocate General. The charge is one of causing loss to the exchequer. It is on
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W.A.No.783 of 2020
record that the respondent was new to the post. It is also on record that the
respondent sought clarification from his superiors. Since the clarification was
not forthcoming, he entertained a doubt about the nature of the document,
however, he registered it because of the confusion. In such situation, we do not
think that even a minor punishment of stoppage of increment without
cumulative effect for a period of three years which would have an effect on him
throughout his career in the department is warranted. Therefore, we are unable
to fault the Writ Court for having allowed the Writ Petition. The Writ Appeal
fails and it is accordingly dismissed. No costs. Consequently, the connected
miscellaneous petition is closed.
[R.S.M.,J] [S.S.K., J]
23.01.2023
Index : Yes/No
Internet : Yes/No
Speaking Order
srm
https://www.mhc.tn.gov.in/judis
W.A.No.783 of 2020
To
1.The Principal Secretary to Government,
Commercial Taxes and Registration Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Inspector General of Registration,
Chennai – 600 028.
https://www.mhc.tn.gov.in/judis
W.A.No.783 of 2020
R.SUBRAMANIAN, J
and
SATHI KUMAR SUKUMARA KURUP, J
srm
Writ Appeal No.783 of 2020
23.01.2023
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